Legal Aspects

Husband and Wife Relations | Marriage Settlements | Forbidden marriages | Void Marriages | Infants | Wills | Hire Purchase Agreements | The Wife’s Debts
| Insurance | Property of Married Women | The Legal Methods of Marrying | Don’ts for the Bridegroom and Bride

The legal aspects of matrimony are seldom studied by the prospective bride and bridegroom. Nevertheless, the bear­ing of the law on a marriage is a subject of considerable importance.

A husband must support his wife according to his means. But if he has no means, and she has, his wife must support him!

Neither husband nor wife may sue the other for a civil wrong, such as libel. However, a wife may sue her husband for the protection and security of her property.

If a wife writes or says something to her husband about a third party, there can be no action for slander or libel. But if a third party slanders or libels husband or wife in the presence of one or the other, legal action can be taken.

There is no legal necessity for a married woman to take her husband's surname. If the husband wishes to, he can adopt his wife's surname.

It is generally believed that husbands and wives are not allowed to give evidence against one another. This is wrong. If either party is charged with a crime, the other may give evidence if asked by his or her spouse. In a few cases one party can go into the witness box whether the spouse wishes it or not. Also, one party can be forced to give evidence, even if neither wishes it—for example, when one spouse injures the other.

A wife's domicile is reckoned to be the same as her hus­band's—even though she may be in England and he in Australia.

A wife has bo right of dower in her husband's real property, and herhusband may in his will deprive her of all right in his real or personal estate after death. On the other hand, the wife may dispose of all her real or personal property owned in her own name, just like a man, either by will or deed, and without her husband's consent.

Under the Inheritance (Family Provision) Act, 1938, power is given to the court to order payment out of the net estate of the testator for benefit of surviving spouse or child if the court is of the opinion that the will does not make reasonable provision for the maintenance of that dependant. Despite this, neither husband nor wife is bound to leave the other a penny.

A wife may conduct a business on her own account, and will be subject to the bankruptcy laws in the same way as if she were unmarried.

She may enter into and be personally liable for any con­tract. She may enter into a contract with her husband.

MARRIAGE SETTLEMENTS

A "marriage setdement" is a contract legally entered into by the parties before marriage, containing detailed stipulations in regard to the ownership, division and control of their respective fortunes or property, real and personal, after marriage. In cases in which considerable property is involved, marriage settlements are almost invariably entered into, where, for the reasons above set forth, their desirability is obvious.

The bride's father often makes a marriage setdement, in order to provide for his daughter should the husband land in financial difficulties. In most such cases, the bride has no power to touch the capital.

At one time all the bride's money went to the husband, and it was customary for her to bring a dowry, sometimes amounting to a considerable sum of money.

FORBIDDEN MARRIAGES

The list of forbidden marriages as given in the Prayer Book has been amended by various Acts of Parliament since 1907, and by resolutions of the Convocations of Canterbury and York and the Governing Body of the Church in Wales, and now is as follows:

A man may not marry his                 A woman may not marry her

Mother Daughter                                     Father
Father's mother                                        Son
Mother's mother                                      Father's father
Son's daughter                                       Mother's father
Daughter's daughter                                Son's son
Sister                                                       Daughter's son
Father's daughter                                     Brother
Mother's daughter                                   Father's son
Wife's mother                                          Mother's son
Wife's daughter                                       Sister's son
Father's wife                                           Husband's father
Son's wife                                               Husband's son
Father's father's wife                               Mother's husband
Mother's father's wife                             Daughter's husband
Wife's father's mother                             Father's mother's husband
Wife's mother's mother                           Mother's mother's husband
Wife's son's daughter                              Husband's father's father
Wife's daughter's daughter                      Husband's mother's father
Son's son's wife                                       Husband's son's son
Daughter's son's wife                              Husband's daughter's son
Father's sister                                           Son's daughter's husband
Mother's sister                                         Daughter's daughter's husband
Brother's daughter                                   Father's brother
Sister's daughter                                      Mother's brother
Brother's son

The Marriage (Prohibited degrees of Relationship) Act of 1907 made it legal for a man to marry his deceased wife's sister, and the act of 1921 allowed a woman to marry her deceased husband's brother and her deceased sister's husband.

A man may now marry his:

Deceased wife's sister
Deceased brother's widow
Deceased wife's brother's daughter
Deceased wife's sister's daughter
Father's deceased brother's widow
Mother's deceased brother's widow
Deceased wife's father's sister
Deceased wife's mother's sister
Brother's deceased son's widow
Sister's deceased son's widow.

VOID MARRIAGES

A marriage is void:

1. When   the   parties   come   within   the   prohibited relationships.
2. When one or both parties has committed bigamy.
3. When one or both parties is insane.
4. When both parties have married under fictitious names.

INFANTS

Infants (persons under the age of 21), cannot lawfully marry without consent. If both parents are living, both must give their consent, except where one of the parents has been deserted or where they are divorced and one of them has been given the custody of the infant; if one is dead, the survivor must consent; if the deceased appointed a guardian, the guardian and surviving parent must consent jointly. No marriage may take place where either party is under the age of sixteen.

WILLS

The newly-married man should lose no time in making a will. It is only fair to his wife. If she has any estate, the wife should likewise make her will. Usually a husband bequeaths the principal part if not all of his possessions to his wife, and the wife then bequeaths her estate to her husband.

A will drawn up before marriage is in order, providing the wording makes it clear that it is in contemplation of a particular marriage (Law of Property Act, 1925), e.g.:

This is the last will of me _______________________________________
Of ____________  made in contemplation _________________________
of my marriage with of spinster I appoint the said sole executrix of this my will. And I devise and bequeath all my property unto her absolutely.
In witness whereof I have hereunto set my hand this day of         _______
One thousand nine hundred and _____________
(Signed)
Signed by the above named _____________     as his last will in the presence of us, both present at the same time who in his presence and in the presence of each other have hereunto set our names as witnesses

John Dee (Signed) of 80 The Drive
Holbonville.   (Butcher)
Frederick Bruce, of Holbonville House.    (Journalist)

Any other will is automatically revoked on marriage and a new will must be made.

A will drawn up after marriage, in which all the husband's possessions are bequeathed to his wife, should be worded:

This is the last will of me of _________________ Estate Agent I devise and bequeath all my property unto my wife ______________absolutely and I appoint her to be the sole executrix of this my will.
In witness whereof I have hereunto set my hand this day of One thousand nine hundred and _______                                                             (Signed)

Signed by the above named _________________ as his last will in the presence of us both at the same time who in his presence and in the presence of each other have hereunto set our names as witnesses

Harold Steadman, 12 Brough Road, Harpenden.   (Architect)
Norman Delton, 199 Runnymeade Place, Surbiton.   (Pharmacist)

t is most important for the testator to express himself as clearly as possible, and to avoid using any words capable of a different interpretation to that intended. Legal sounding phrases should be avoided.
It is best to rewrite a will if a mistake is made, as it is otherwise necessary for the testator to cross the words out with a pen, sign opposite the alteration himself, and hand to the two witnesses to append their signatures. No alteration may be made after the will is executed. The will should be written in ink on a single sheet of paper.

The testator signs his name at the end of the will in the presence of his two witnesses, who immediately sign their names. No person who has an interest in the will should be a witness, otherwise they will forfeit their interest. A person named as executor should not be a witness.

One executor is sufficient, four may be appointed, and two are customary. Their names and addresses should be given in full; the addresses not being strictly necessary, although desirable.    An executor may also be a legatee.

A will affects the disposition of property acquired after it has been made, and for this reason it is best for the testator to leave a "residue" to some person, even if all the property has been disposed of.

"Real property" embraces freehold land and houses and "personal property" covers leasehold property, furniture, money, goods, etc.

In all cases where the estate is likely to be of any value, a lawyer should be employed to draw up the will.

HIRE PURCHASE AGREEMENTS

A hire-purchase agreement relating to a motor vehicle, where the hire-purchase price does not exceed >C5°> and in any other case (except livestock) where the hire-purchase price does not exceed £100, is subject to the provisions of the Hire-Purchase Act of 1938. Before any such agreement is entered into, the owner must state in writing to the pros­pective hirer, otherwise than in the note or memorandum of the agreement, a price at which the goods may be purchased for cash; but that enactment is subject to certain provisos. The Court, however, has power in any action to dispense with any requirement as to the note or memorandum if satisfied that the failure to comply has not prejudiced the hirer and that it would be just and equitable to dispense with it.

The Act also contains provisions enabling a hirer to determine on certain terms the agreement at any time before the final payment falls due, also a section (5) avoiding certain provisions if contained in the agreement, a section (8) as to conditions and warranties to be implied in such agreements, a section (11) prohibiting the owner from proceeding to recover goods otherwise than by auction, where one-third of the purchase price has been paid, and several other important provisions which space does not permit to be mentioned.

Marriage does not, in itself, give a wife authority to pledge her husband's credit. Whether she had such authority in any particular case is a question of fact; for a husband is only liable where it can be shown that the circumstances were such that the wife must be considered as having had his authority to act as his agent. Such authority may be express, implied or ostensible.

If it can be proved that such authority was, in fact, given, the husband will, of course, be liable.

Where the husband and wife are living together, the presumption is that the wife has authority to pledge her husband's credit for necessaries suitable to the position in which the parties live. The burden of proving that the articles supplied were necessaries, lies on the person seeking to make the husband liable. This presumption may, how­ever, be rebutted by the actual circumstances, as for example, if it be shown that the husband, in fact, prohibited her from pledging his credit; and it will be immaterial whether or not he gave notice of that fact to the tradesman, provided that he has done nothing to justify the tradesman in looking to him for payment. Likewise, even if the husband has not expressly prohibited his wife from pledging his credit, but has made her an allowance for the purpose of obtaining the necessaries, or if she is already sufficiently provided with them, the presumption of authority to act as his agent will be rebutted.

Where the parties are living apart, the presumption is that the wife has no authority to pledge her husband's credit.

Even if the wife had no actual authority, the husband will be liable for debts incurred by her if he allowed her to repre­sent herself as having his authority, and the person supplying the goods honestly acted in reliance of her having that authority.

A husband is not now, by reason only of being such, liable for a tort committed by his wife (a tort being any actionable wrong caused to person or property, other than a breach of contract or trust or wrong arising out of a personal relation­ship such as that between husband and wife and excluding also criminal offences.)

INSURANCE

A contract of fire insurance is a contract of indemnity only, and, whatever the amount of the insurance, no more can be recovered than the value of the property lost at the time of its destruction. It is important to see that property is insured to its full value.

Reduction of income tax can be claimed in respect of premiums paid on a life insurance policy on the life of the taxpayer or of his wife.

The insurer must have an insurable interest in the life assured, that is to say, an interest of a pecuniary nature, but a person has an insurable interest in his or her own life and in that of his wife or her husband.

A policy of insurance effected by a man on his own life and expressed to be for the benefit of his wife or his children, or of his wife and children, or any of them, or by a woman on her own life, and expressed to be for the benefit of her husband, or of her children, or of her husband and children, or any of them, creates a trust in favor of the objects named.

PROPERTY OF MARRIED WOMEN

A married woman is now, under an Act of 1935, (a) capable of acquiring, holding and disposing of any property (b) capable of rendering herself liable in respect of any tort, contract, debt or obligation (c) capable of suing and being sued, either in tort or in contract or otherwise and (d) subject to the law relating to bankruptcy and to the enforcement of judgments and orders, as if she were unmarried.

Every married woman is entitled to maintain in her own name against any person whomsoever, including her husband, the same civil remedies and also (subject to the proviso below as to her husband) the same remedies by way of criminal proceedings for the protection and security of her separate property, as if it belonged to her as an unmarried woman.

No criminal proceedings, however, can be taken by a wife against her husband, while they are living together, in respect to any property claimed by her; nor while they are living apart in respect to any act done by her husband while living with her with regard to her property, unless such property has been wrongfully taken by him when leaving or deserting her.

If a wife does any act in respect to her husband's property, which if done by him in respect to her property would entitle her to take criminal proceedings against him, such proceed­ings may be taken by the husband against the wife, and under similar conditions.
A married woman is capable of entering into and rendering herself liable to the extent of her separate property on any contract, and of suing or being sued either on a contract or in respect of any wrongful act committed by her, as if she were unmarried.

Any contract entered into by a married woman otherwise than as agent will be deemed to be entered into by her with respect to, and to bind, her separate property, whether she was or was not, in fact, possessed of or entitled to any at the rime she made the contract. It will bind any separate pro­perty of which she may subsequently become possessed or entitled to, and will also be enforceable against all property which she may after her marriage have ceased to be possessed of or entitled to, provided that her separate property which at the time or afterwards she is, by the terms of the instrument under which she is entitled, restrained from anticipating cannot be taken to satisfy her liability.

A woman after her marriage continues to be liable to the extent of her separate property for all debts, contracts, or wrongs committed by her before marriage. A husband cannot maintain an action against his wife for money lent to her, or money paid to her, at her request, before their mar­riage. But he may do so in respect to money lent to her, or paid for her, after marriage upon request by her, whether made before or after marriage.

THE LEGAL METHODS  OF MARRYING

1. Marriage in Church after Banns. Banns must be read on three consecutive Sundays, after which the marriage may be celebrated in church on any day between 8 a.m. and 6 p.m. subject to an arrangement with the incumbent.
2. Marriage by Licence. This allows marriage at shorter notice without Banns. The Licence is obtained from an ecclesiastical lawyer or from a clergyman who is a Surro­gate. The fee is about £2 15*. The church fee is addi­tional. Times for the service as above.
3. Marriage by Special Licence. This is granted by the Archbishop only in most exceptional circumstances Under this Special Licence a marriage may take place anywhere at any time. The fee is considerable and the Archbishop does not benefit.
4. Marriage in a Roman Catholic Church. The bride and bridegroom take with them an authority from the Regis­trar who attends the church and superintends the signing of the registers.
5. Marriage in a Nonconformist Church. In some Non­conformist Churches the procedure is exactly the same as in the Roman Catholic Church. In others the minister is known as an "A. P." or Authorized Person. Where the minister is an "A. P." the registers are kept by the
   Church, and the Registrar does not attend. But the parties have to take with them an authority from the Registrar, who therefore comes in at the beginning and not at the end

6. Secular Marriage by the Registrar. The parties can be married at the Register Office after twenty-one days' notice. There is a fee. Secular Marriage by Licence. The parties can be married at shorter notice. Total fees £3 6s. yd

DON'TS FOR THE BRIDEGROOM

Don't forget all the little courtesies which came so naturally to you during your courting days.
Don't devote all your spare time to interests in which your wife cannot share.
Don't neglect your personal appearance.
Don't give false excuses as a reason for being late.
Don't forget to kiss your wife "good-bye" before leaving for business in the morning.
Don't discuss all your business worries on returning in the evening, to the exclusion of everything else.
Don't expect too much waiting on—your wife may be just as tired as you are at the end of the day.
Don't take your mutual love for granted. A little endearment sometimes goes a long way.
Don't talk exclusively about yourself.
Don't interfere in domestic arrangements.
Don't get annoyed if a meal is a few minutes late.
Don't be mean about money matters.

AND DON'TS FOR THE BRIDE

Don't nag!
Don't bother your husband when he comes home tired, with a list of your domestic trials and troubles.
Don't leave your bedroom with your hair in curlers, or in any other stage of dishabille.
Don't expect too much waiting on. All married life must be give and take.
Don't cease to try to attract your husband just because you are married.
Don't run up household bills: pay as you go.
Don't neglect all your little accomplishments.
Don't spend your housekeeping money on clothes and cosmetics for yourself.

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